Old Grand Roncfe Indiao Land
Clai ms
Ce-.Ce White wolf Law. Clerk for
the Native American Program
of the OreQcn Le9al Service
is conductin9 research for
old Indian claims for money
damaSes from injury to Trust
and Restricted Tribal Lands.
The scoPe and types of claims
covered by the Statute of
Limitations are described in
the enclosed statement. The
time limit for filing the
claims is extreemly short and
your assistance will be of
Sreat value in the success of
this effort, As a reminder
you MUST be aware of the
closing date since no further
claims will be considered
after this date. The Statute
of Limitations set a time
limit after which the United
States is FOREVER BARRED from
commencin9 a lawsuit to .
recover money dama9es on
behalf of Indian Tribes
Bands or rouPs of American
Indians or Individual
Indians.
Scope of claims (object to the
statute
Congress enacted a statute of
limitations establishing a time
limit after which the United
States is forever barred from
commencing a lawsuit to
recover money damages on
behalf of Indian Tribes, bands
or groups of American Indian
or individual Indians whose
lands are held in trust or
restricted - status. Where the
acts transactions or occurrence
upon which the claim for
'money damages is based, took
place on or before July 18.
1966. any claims have to be
submitted before September
17, 1983.
The statute applies to all
cases where the United States
has authority to sue to recover
money damages on behalf of
an Indian Tribe of Individual
Indian by virtue of its trust
responsibility to protect Indian
property rights. It applies to
causes of action arising out of a
legally wrongful act or
omission or the breach of a
contractual obligation.
A. Claims for damages due
to unauthorized occupancy of
incorrect use of tribal or
individually held lands or for
the use of removal of its
Natural Resources (Trespass)
1. Damages resulting from
wrongful occupancy oi use
of tribal or allotted lands.
For example, occupancy
of Indian lands by a
person, building, fencing,
or other improvements
without authority. Such
cases may arise as a result
of boundary disputes, or
occupancy or use of Indian
lands that were sold or
leased by the Indian
owner, but without the
United States approval of
the sale or lease.
2. Damages to tribal or
allotted lands or natural
resources resulting from
fire.
3. Damages resulting from
the removal of natural
resources from tribal or
allotted lands. For
example, unauthorized
removal of sand, gravel,
timber or other minerals.
4. Damages resulting from
the wrongful appropria
tion of or interference with
federally protected Indian
water rights.
B. Claims damages due to
the wrongful possession or use
of tribal or individual personal
property if such personal
property is protected by
Federal Government. (Conver
sion) Damages resulting from
wrongfully depriving an
Indian owner o( the
possession or use of
personal property which is
protected by Federal Law.
For example, the wrongful
removal of felled timber
(logs) from Indian lands.
. Continued -